South Africa Case Law

Pick n Pay Retailers Proprietary Limited v Lakeside City Trading 226 Proprietary Limited t/a Pick n Pay Family Store Protea North (2025-056881)

Pick n Pay Retailers Proprietary Limited v Lakeside City Trading 226 Proprietary Limited t/a Pick n Pay Family Store Protea North (2025-056881) [2025] ZAGPPHC 505 (16 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

2025-056881

Judge

Roux AJ

Urgent application granted to perfect a general notarial covering bond over the respondent’s movable assets; the counterapplication for a stay was struck.

• Notarial Covering Bond
• Franchise Agreement Enforcement
• Urgent Interdict
• Specific Performance
• Contractual Variation
• Promotion Of Access To Information Act

Laser Beautique Franchisor CC v Amor ET Spes (Pty) Lts t/a The Northcliff Laser Beautique and Others (56882/2018)

Laser Beautique Franchisor CC v Amor ET Spes (Pty) Lts t/a The Northcliff Laser Beautique and Others (56882/2018) [2019] ZAGPPHC 523 (11 October 2019)

Court

North Gauteng High Court, Pretoria

Case number

56882/2018

Judge

Van Der Westhuizen

The High Court dismissed a franchisor’s application to enforce a restraint of trade in an expired franchise agreement, finding no proven protectable interest.

• Restraint Of Trade
• Franchise Agreement Enforcement
• Protectable Interest
• Interdictory Relief
• Restraint-of-trade
• Franchise-agreements

Butcher Block Holdings (Pty) Ltd v Zuriflo (Pty) Ltd t/a Butcher Block Pineslopes (26236/2017)

Butcher Block Holdings (Pty) Ltd v Zuriflo (Pty) Ltd t/a Butcher Block Pineslopes (26236/2017) [2017] ZAGPJHC 200 (24 July 2017)

Court

South Gauteng High Court, Johannesburg

Case number

26236/2017

Judge

WHG van der Linde

The court found that the respondent's answering affidavit was insufficiently detailed to establish that the business had truly ceased to exist, and that the mere cessation of trading does not equate to the termination of the business for purposes of the franchise agreement. The applicant established a prima facie right to enforce the franchise agreement, including its rights of pre-emption and consent to sale. The balance of convenience favoured the applicant, as its contractual rights would be irreparably lost if the sale proceeded without compliance with the agreement. The court held that t…

Source excerpt

• Franchise Agreement Enforcement
• Interim Interdict
• Right Of Pre Emption
• Contractual Restrictions On Sale

Pick n Pay Retailers (Pty) Ltd v Pine Valley Supermarket (Pty) Ltd (8209/2014)

Pick n Pay Retailers (Pty) Ltd v Pine Valley Supermarket (Pty) Ltd (8209/2014) [2015] ZAKZDHC 27 (20 March 2015)

Court

Kwazulu-Natal High Court, Durban

Case number

8209/2014

Judge

Moodley

The court found that the respondent was in breach of its obligations under both the franchise agreement and the payment variation agreement, and had not remedied the breach by the time the urgent application was launched. The acceleration clauses in the bond and agreements were triggered, rendering the bond executable. The Payment Variation Agreement did not novate the bond or the underlying debt. The court held that the Consumer Protection Act did not apply to the franchise agreement as it was a pre-existing agreement, and subsequent addenda did not alter its status. The respondent failed to…

Source excerpt

• Notarial Bond Perfection
• Franchise Agreement Enforcement
• Consumer Protection Act Scope
• Competition Act Vertical Practices
• Contractual Acceleration Clause
• Attorney And Client Costs